rabble.ca - medical marijuanahttps://rabble.ca/category/tags-issues/medical-marijuana
enLandlords, tenants and cannabis: Who has rights and what are the obligations? https://rabble.ca/columnists/2018/10/landlords-tenants-and-cannabis-who-has-rights-and-what-are-obligations
<div class="field field-name-taxonomy-vocabulary-22 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/issues/civil-liberties-watch">Civil Liberties Watch</a></div><div class="field-item odd"><a href="/issues/food-health">Food &amp; Health</a></div></div></div><div class="field field-name-field-image-for-node field-type-image field-label-hidden"><div class="field-items"><div class="field-item even"><img src="https://rabble.ca/sites/default/files/styles/large_story_850px/public/node-images/16041577621_7eb25d0564_k.jpg?itok=-wuxR_Lb" width="1180" height="600" alt="Cannabis plant. Photo: Philip Steffan/Flickr" title="Cannabis plant. Photo: Philip Steffan/Flickr" /></div></div></div><div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even"><p>With the arrival of legal cannabis last week, Canadians are now free to consume and -- in some provinces -- cultivate cannabis at home. This new freedom has come with many questions around the extent to which governments and property owners can restrict consumption. Does cannabis legalization mean that people have a protected <em>right</em> to smoke and grow cannabis? What about rules that seek to limit this freedom?</p>
<p>These questions cropped up in human rights cases across the country once medical cannabis became legal. With the legalization of cannabis, it is worth looking at how restrictions on recreational cannabis interact with the obligations of service providers such as landlords to accommodate medical cannabis users.</p>
<p>At Iler Campbell we represent many housing providers, and lately there has been an uptick in demand to implement cannabis use and growing rules. At the same time, landlords are receiving requests from tenants wanting to use and grow medical cannabis at home. It is important for landlords to be aware of the ways they can restrict cannabis use and consumption on their properties, while also understanding their obligations under provincial human rights laws. In this context, the distinction between recreational and medical cannabis is key because provincial human rights legislation protects medical cannabis consumption, while not protecting recreational cannabis.</p>
<p>The freedom to use and grow recreational cannabis is restricted by provincial laws that set out the age of legal consumption, the amount people can legally possess, whether people can grow at home, and where cannabis can be smoked.</p>
<p>In Ontario, the Cannabis Act allows people over 19 to possess up to 30 grams of cannabis and grow up to four plants per residence. The Smoke‑Free Ontario Act restricts cannabis smoking to wherever tobacco smoking is allowed, and this can be further limited by municipalities or property owners. Landlords can also add terms to new lease agreements prohibiting cannabis use in rental units. However, landlords generally cannot change the terms of existing leases.</p>
<p><strong>Medical vs. recreational cannabis laws</strong></p>
<p>Medical cannabis in Canada is regulated separately from recreational cannabis. The federal government continues to control medical cannabis through the Access to Cannabis for Medical Purposes Regulation (ACMPR), which came into effect in mid‑2016, replacing the Marihuana for Medical Purposes Regulations (MMPR).</p>
<p>Under the ACMPR, people who are prescribed cannabis by their doctor can purchase from licensed producers, register to produce their own limited supply, or designate a third party to grow for them. Production licenses from Health Canada allow patients to cultivate more than the recreational limit of four plants. For example, according to Health Canada's <a href="http://health.canada.ca/en/health-canada/services/drug-health-products/buying-using-drug-health-products-safely/cannabis-medical-purposes/accessing-cannabis-medical-purposes/production-cannabis-medical-purposes/calculator.html" target="_blank">calculator</a> for medical cannabis production, a patient who is prescribed five grams of cannabis per day can grow up to 25 indoor plants. However, the ACMPR doesn't set out different rules for where medical cannabis can be consumed -- permission to smoke is determined by provincial, territorial, municipal governments, and property owners.</p>
<p>This raises some interesting questions for housing providers: do landlords have a duty to accommodate tenants who want to smoke medical cannabis despite a lease agreement that prohibits smoking? If a renter has a license from Health Canada to grow medical cannabis, do landlords have to allow them to grow cannabis in their units?</p>
<p><strong>Human rights protections</strong></p>
<p>We have to look to human rights law to answer these questions. Each province's human rights legislation addresses the responsibility of landlords (as service providers) to accommodate tenants with disabilities. A prescription to use cannabis to treat a medical condition can trigger a landlord's duty to accommodate and obligate a landlord to exempt a tenant from a lease clause that bans cannabis consumption.</p>
<p>The exact changes a landlord must make to their rules will depend on each tenant's disability‑related needs and the medical documentation they provide. A prescription for medical cannabis does not automatically mean a person can smoke anywhere, nor does it mean they have a right to smoke in their rental unit if they signed a lease with a no‑smoking clause.</p>
<p>The Ontario Human Rights tribunal (HRTO) has found that a person can have a disability‑related need to smoke cannabis depending on their medical needs. In one <a href="https://www.canlii.org/en/on/onhrt/doc/2011/2011hrto1714/2011hrto1714.html?autocompleteStr=ivanc&amp;autocompletePos=1" target="_blank">case</a>, the HRTO determined an applicant had a need to smoke cannabis where the person experienced severe pain from his scoliosis and he provided medical evidence that smoking caused a more rapid onset of symptom relief while giving a more precise means of controlling symptoms than other forms of ingestion. We can draw parallels with that case and accommodations in the housing context. If a tenant can provide medical documentation that shows they need to smoke cannabis, a landlord may be required to accommodate the tenant by allowing them to smoke on a unit balcony or terrace. However, if a tenant wants to smoke inside their unit despite a smoke‑free policy, they would likely need to demonstrate that their disability (for example, limited mobility) prohibits them from being able to consume their medicine outside.</p>
<p><strong>Right to grow medical cannabis</strong></p>
<p>Whether a tenant can have a disability‑related right to <em>grow</em> medical cannabis in a rental unit is still an unanswered question. Home cultivation is a concern for many landlords as the optimal conditions for cannabis growth include warm temperatures, extensive lighting and high humidity, thus creating the potential for property damage or fire risks.</p>
<p>Growing cannabis at home is generally less expensive than purchasing it from Health Canada's licensed producers. As a result, some patients who are prescribed medical cannabis are turning to home cultivation as an alternative.</p>
<p>If a tenant prescribed medical cannabis requests an accommodation to grow medical cannabis at home, they would need to demonstrate that they have a right to affordable access to medication. It may be difficult to make this argument in some provinces, because financial circumstances are not protected by most provincial human rights legislation. For example, the HRTO recognized in one <a href="https://www.canlii.org/en/on/onhrt/doc/2014/2014hrto1250/2014hrto1250.html?searchUrlHash=AAAAAQAeYWZmb3JkIEFORCByZW50IEFORCBkaXNhYmlsaXR5AAAAAAE&amp;resultIndex=1" target="_blank">case</a> that protection under the Ontario Human Rights Code doesn't extend to economic circumstances. This means that treating a person differently for financial reasons isn't considered discriminatory in Ontario.</p>
<p>However, it is possible that the argument for a right to grow medical cannabis because of financial constraints may have some traction in provinces and territories where human rights law extends to social and economic disadvantage.</p>
<p>We haven't yet seen Canadian courts or tribunals consider whether there is a right to grow medical cannabis, but it is likely to come up in the future.</p>
<p>The right to consume medical cannabis is protected by provincial human rights legislation, but this may not be the case for cannabis growth. Despite rules limiting cannabis use, landlords may have to make exceptions to accommodate tenants who can demonstrate that they have a disability‑related need for medical cannabis. The same protections that exist for medical cannabis users don't extend to recreational cannabis, and it's likely the law will stay that way.</p>
<p><em><a href="http://www.ilercampbell.com/" rel="nofollow">Iler Campbell LLP</a> is a law firm serving co-ops, not-for-profits, charities and socially-minded small business and individuals in Ontario.</em></p>
<p><em>Pro Bono provides legal information designed to educate and entertain readers. But legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. While efforts are made to ensure the legal information provided through these columns is useful, we strongly recommend you consult a lawyer for assistance with your particular situation to obtain accurate advice.</em></p>
<p><em>Submit requests for future Pro Bono topics to <a href="mailto:probono@rabble.ca" rel="nofollow">probono@rabble.ca</a>. Read past Pro Bono columns <a href="http://rabble.ca/taxonomy/term/20467" rel="nofollow" target="_blank">here</a>.</em></p>
<p><em>Photo: <a href="https://www.flickr.com/photos/schattenraum/16041577621/in/photolist-qrxh9v-Zt7Aai-mDrXYV-ZtaFLT-dApNNf-5pkoKn-JCNeYk-267WRJS-2bnicsM-bexgdP-26Viz3Z-8YHTGy-DzDRAT-biquqM-PepSxm-2bnicAx-8YERF2-WZqXKZ-bevWXM-bAWniH-bezxiB-5sQsMX-kd1ds-YYTrbv-p7AQJP-fTAZX2-2rm2pS-Tc2UFZ-3TaaGZ-5kSD9j-47vg7A-UbvU6m-rehJzP-dHsJEK-5sQsKD-dAggMJ-7A5s4N-pXmhVS-e4L4rw-8rbWAB-5QdxCw-WZqXWa-cYXQTG-28BbrF9-cRJ8Fm-YL7wox-dcatS3-fTAdZy-2agCSPS-ZtaEXt" target="_blank">Philip Steffan/Flickr</a></em></p>
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</div></div></div><div class="field field-name-taxonomy-vocabulary-9 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/taxonomy/term/20523">pro bono</a></div><div class="field-item odd"><a href="/category/tags-issues/cannabis">cannabis</a></div><div class="field-item even"><a href="/tags/cannabis-legalization">cannabis legalization</a></div><div class="field-item odd"><a href="/category/tags-issues/medical-marijuana">medical marijuana</a></div><div class="field-item even"><a href="/category/tags-issues/canadian-law">canadian law</a></div></div></div><div class="field field-name-taxonomy-vocabulary-14 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/category/bios/claudia-pedrero">Claudia Pedrero</a></div><div class="field-item odd"><a href="/category/bios/columnist/pro-bono">Pro Bono</a></div></div></div><div class="field field-name-field-story-publish-date field-type-date field-label-hidden"><div class="field-items"><div class="field-item even"><span class="date-display-single">October 25, 2018</span></div></div></div><div class="field field-name-field-related-item1 field-type-link-field field-label-hidden"><div class="field-items"><div class="field-item even"><a href="http://rabble.ca/columnists/2016/10/landlords-and-tenants-to-fight-out-right-to-grow-medical-marijuana-under-new-regu" rel="nofollow" target="_blank">Landlords and tenants to fight out right to grow medical marijuana under new regulations</a></div></div></div><div class="field field-name-field-related-item1-desc field-type-text field-label-hidden"><div class="field-items"><div class="field-item even">While new regulations governing the growth of medical marijuana provide a quick solution for the issue of reasonable access, they leave the tough questions for tenants and housing providers.</div></div></div><div class="field field-name-field-related-item2 field-type-link-field field-label-hidden"><div class="field-items"><div class="field-item even"><a href="http://rabble.ca/columnists/2017/07/will-ontario-let-landlords-and-condominiums-ban-smoking-recreational-marijuana">Will Ontario let landlords and condominiums ban smoking recreational marijuana?</a></div></div></div><div class="field field-name-field-related-item2-desc field-type-text field-label-hidden"><div class="field-items"><div class="field-item even">As marijuana is legalized by the federal government, it will be up to provinces to regulate how it can be used in some spheres. Ontario is asking: where can cannabis be used and who gets to decide?</div></div></div><div class="field field-name-field-related-item3 field-type-link-field field-label-hidden"><div class="field-items"><div class="field-item even"><a href="http://rabble.ca/columnists/2016/03/outgrowing-government-medical-cannabis-access-canada-light-allard-decision" rel="nofollow" target="_blank">Outgrowing the government: Medical cannabis access in Canada in light of the Allard decision</a></div></div></div><div class="field field-name-field-related-item3-desc field-type-text field-label-hidden"><div class="field-items"><div class="field-item even">Cities like Vancouver, Victoria and Toronto are experiencing a medical cannabis dispensary boom -- neon lights and all. What is going on? Why now? And are they legal?</div></div></div>Thu, 25 Oct 2018 12:57:21 +0000rabble staff152651 at https://rabble.cahttps://rabble.ca/columnists/2018/10/landlords-tenants-and-cannabis-who-has-rights-and-what-are-obligations#commentsMedical cannabis benefits denied: How statutory insurance plans can avoid paying workers' compensation benefitshttps://rabble.ca/columnists/2018/04/medical-cannabis-benefits-denied-how-statutory-insurance-plans-can-avoid-paying
<div class="field field-name-taxonomy-vocabulary-22 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/issues/food-health">Food &amp; Health</a></div><div class="field-item odd"><a href="/issues/labour">Labour</a></div><div class="field-item even"><a href="/issues/politics-canada">Politics in Canada</a></div></div></div><div class="field field-name-field-image-for-node field-type-image field-label-hidden"><div class="field-items"><div class="field-item even"><img src="https://rabble.ca/sites/default/files/styles/large_story_850px/public/node-images/4473997946_9140fb05b5_b.jpg?itok=GtJ9UZx6" width="1180" height="600" alt="Cannabis in prescription bottle. Photo: David Trawin/Flickr" title="Cannabis in prescription bottle. Photo: David Trawin/Flickr" /></div></div></div><div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even"><p>As we move toward the legalization of recreational cannabis, I thought it would be interesting to look at a recent case dealing with medical cannabis and the efforts of one person to get assistance from his province's workers' compensation board to contribute to the cost of the medical cannabis prescribed to him.</p>
<p>The case of <a href="https://www.canlii.org/en/ns/nsca/doc/2018/2018nsca23/2018nsca23.html?resultIndex=1" target="_blank">Skinner v. Nova Scotia (Workers' Compensation Appeals Tribunal)</a> provides insight into how the use of medical cannabis is sometimes still perceived as an unconventional treatment despite having been legal in Canada for almost two decades, and also how administrative law gives statutory insurance schemes ways to avoid providing benefits to individuals seeking coverage for medically prescribed treatment.</p>
<p><strong>Background</strong></p>
<p>In August, 2010, Gordon Skinner was driving a vehicle owned by his employer, in the course of his job duties. He lost consciousness while driving, left the road and had a collision. He had not returned to work since the accident, and was suffering from chronic pain disorder, anxiety and depression related to the accident.</p>
<p>Mr. Skinner was initially treated with narcotics and anti‑depressants. However, those treatments were not effective for him. In addition, the prolonged use of opiates could have significant side effects for him as a result of a pre‑existing medical condition. His treating psychologist advised that he should use medical cannabis, which he did with much better results for pain management.</p>
<p>Initially, the cost of the medical cannabis was covered by the benefits under Mr. Skinner's automobile insurance, but those benefits expired after two years. Mr. Skinner then applied to the Nova Scotia Workers' Compensation Board (WCB), for assistance in covering the expense of medical cannabis. His claim was denied by a case manager and Mr. Skinner appealed the denial to a case hearing officer who denied the appeal. He then appealed to the Workers' Compensation Appeal Tribunal (WCAT), which denied that appeal in 2016.</p>
<p>Both the WCB and the WCAT (which are both created by Nova Scotia's <a href="https://www.canlii.org/en/ns/laws/stat/sns-1994-95-c-10/latest/sns-1994-95-c-10.html" target="_blank">Workers' Compensation Act</a>) relied on a policy passed by the WCB's board of directors that WCB would provide assistance to injured workers provided that the health care is "consistent with standards of health-care practices in Canada" in denying benefits to Mr. Skinner. At each level, it was concluded that in Mr. Skinner's case, medical cannabis was not a treatment that was "consistent with standards of health-care practices in Canada."</p>
<p>The WCAT adjudicator came to this conclusion despite finding that the use of medical cannabis was expedient for Mr. Skinner and more effective than more traditional treatments, was a treatment endorsed by medical practitioners, and was a controlled substance that can be used for medicinal purposes. The adjudicator concluded that despite those findings, the use of medical cannabis:</p>
<blockquote>
<p>has not yet reached a standard of being a generally accepted medical practice in Canada such that its prescription or use could be considered consistent with Canadian health-care standards. Rather, the evidence demonstrates that there are no Canadian health-care standards in place to govern its therapeutic or medicinal use.</p>
</blockquote>
<p>Less than three months later, another case before the WCAT determined that the worker in that case was entitled to coverage for medical cannabis, and as a result, that the use of medical cannabis is a treatment that is "consistent with standards of health-care practices in Canada." Two other cases decided by the WCAT in 2017 similarly approved coverage for medical cannabis.</p>
<p>Mr. Skinner appealed his case to the Nova Scotia Court of Appeal.</p>
<p><strong>The Court of Appeal</strong></p>
<p>By the time Mr. Skinner's case reached the Court of Appeal, the WCAT had decided in three cases that the use of medical cannabis is a treatment that is "consistent with standards of health-care practices in Canada" and workers covered under the Nova Scotia's Workers' Compensation Act (the Act) are entitled to coverage for medical cannabis. Based on this development, together with the findings of the WCAT as to the fact that medical cannabis was more effective and safer for Mr. Skinner than other treatments, it seems clear that the correct decision for WCAT to have made in Mr. Skinner's case would have been to provide him coverage for his medical cannabis.</p>
<p>However, the Court denied Mr. Skinner's appeal. It referred to administrative law doctrines to determine that the decision of WCAT denying benefits to Mr. Skinner did not have to be correct. Instead, if the decision was "reasonable," the Court of Appeal determined that it could not overturn the decision.</p>
<p>The Court also considered the scheme and purpose of the Act to determine whether the policy that a worker was only entitled to coverage for treatment that was "consistent with standards of health-care practices in Canada" was consistent with the Act. In that regard, the Court accepted that the WCB was required to maintain the solvency of the Accident Fund established by the Act, and as a result, it was permissible to set policies regarding the treatments for which coverage would and would not be provided.</p>
<p>In considering these two points, it is helpful to consider just what workers' compensation legislation is ‑- a form of mandatory insurance required by statute. Payments (premiums) are paid by employers into a fund from which benefits are paid to workers who are injured in the course of employment based on the coverage provided by the plan. In fact, in Ontario, the relevant legislation is actually called the Workplace Safety and <em>Insurance</em> Act, 1997 (emphasis added). Looking at the matter from that point of view, it may seem reasonable to expect that the insurer would have to be concerned about its solvency and the ability to pay benefits; and that it would ensure its solvency by a combination of charging the appropriate premiums and having limits or exclusions on what was covered.</p>
<p>However, if a private insurer were to deny a claim for health benefits, the Court would insist that the insurer had <em>correctly</em> applied its policy. The insurer would not be able to avoid providing benefits on the basis of an incorrect interpretation or application of its policy because the Court felt that the insurer's decision met some standard of reasonableness (even though it was wrong). While it may not have been determinative in Mr. Skinner's situation, the decision of the Court of Appeal demonstrated that for statutory workers' compensation schemes, the plan can avoid paying benefits that it should be required to pay because Courts are not willing to interfere with their decisions unless those decisions are not only wrong, but also unreasonable.</p>
<p><strong>Conclusion</strong></p>
<p>In the end, there are two takeaways from this case. First, it is astonishing that in 2012 and 2016, boards entrusted with providing medical benefits for injured workers could determine that the use of medical cannabis was not a treatment that was "consistent with standards of health-care practices in Canada." Second, and a greater concern on a wider scale, is that when workers' compensation plans make decisions to deny benefits to injured workers, Courts will not require the plans to make correct decisions, but will instead only intervene where the decisions are unreasonable.</p>
<p><em><a href="http://www.ilercampbell.com/" rel="nofollow">Iler Campbell LLP</a> is a law firm serving co-ops, not-for-profits, charities and socially-minded small business and individuals in Ontario.</em></p>
<p><em>Pro Bono provides legal information designed to educate and entertain readers. But legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. While efforts are made to ensure the legal information provided through these columns is useful, we strongly recommend you consult a lawyer for assistance with your particular situation to obtain accurate advice.</em></p>
<p><em>Submit requests for future Pro Bono topics to <a href="mailto:probono@rabble.ca">probono@rabble.ca</a>. Read past Pro Bono columns <a href="http://rabble.ca/taxonomy/term/20467" target="_blank">here</a>.</em></p>
<p><em>Photo: <a href="https://www.flickr.com/photos/trawin/4473997946/in/photolist-7PmpHC-GE6w65-8AgykN-9hwAM1-7JcaBQ-9wfoa3-9htrWD-8cwDRe-9hwA8J-8BxE4L-7PYwsT-fSM5tv-9hwF7f-9hwzxL-8xav4n-9jgyN7-9wco98-8tusDz-9hwEU7-8ymGTU-9hwAiQ-9Gbkdg-9htwNX-drbMW6-9o6Cxi-9wcWWt-8D483A-8D15Q6-8wXM77-9o9EW7-9bX7j1-8D112t-9VBtUS-9wg4QQ-7TKsfj-8D4bZY-8hhjXb-9tbjRT-9c93Dk-WdUJLM-8pTey1-9htr2k-9Be1FN-8GYrzd-kNScPs-7PSHbT-g9jv6X-9htJTn-9hwJ73-gagWYE" target="_blank">David Trawin/Flickr</a></em></p>
<p> </p>
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</div></div></div><div class="field field-name-taxonomy-vocabulary-9 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/taxonomy/term/20523">pro bono</a></div><div class="field-item odd"><a href="/category/tags-issues/medical-marijuana">medical marijuana</a></div><div class="field-item even"><a href="/category/tags/cannabis-treatment">cannabis treatment</a></div><div class="field-item odd"><a href="/category/tags-issues/cannabis">cannabis</a></div><div class="field-item even"><a href="/category/tags-issues/marijuana-legalization">marijuana legalization</a></div><div class="field-item odd"><a href="/category/tags-issues/canadian-law">canadian law</a></div><div class="field-item even"><a href="/category/tags/workers-compensation-act">workers compensation act</a></div><div class="field-item odd"><a href="/category/tags/workers-compensation-board">Workers Compensation Board</a></div></div></div><div class="field field-name-taxonomy-vocabulary-14 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/category/bios/michael-hackl">Michael Hackl</a></div><div class="field-item odd"><a href="/category/bios/columnist/pro-bono">Pro Bono</a></div></div></div><div class="field field-name-field-story-publish-date field-type-date field-label-hidden"><div class="field-items"><div class="field-item even"><span class="date-display-single">April 26, 2018</span></div></div></div><div class="field field-name-field-related-item1 field-type-link-field field-label-hidden"><div class="field-items"><div class="field-item even"><a href="http://rabble.ca/columnists/2017/07/will-ontario-let-landlords-and-condominiums-ban-smoking-recreational-marijuana" rel="nofollow" target="_blank">Will Ontario let landlords and condominiums ban smoking recreational marijuana?</a></div></div></div><div class="field field-name-field-related-item1-desc field-type-text field-label-hidden"><div class="field-items"><div class="field-item even">As marijuana is legalized by the federal government, it will be up to provinces to regulate how it can be used in some spheres. Ontario is asking: where can cannabis be used and who gets to decide?</div></div></div><div class="field field-name-field-related-item2 field-type-link-field field-label-hidden"><div class="field-items"><div class="field-item even"><a href="http://rabble.ca/columnists/2016/03/outgrowing-government-medical-cannabis-access-canada-light-allard-decision">Outgrowing the government: Medical cannabis access in Canada in light of the Allard decision</a></div></div></div><div class="field field-name-field-related-item2-desc field-type-text field-label-hidden"><div class="field-items"><div class="field-item even">Cities like Vancouver, Victoria and Toronto are experiencing a medical cannabis dispensary boom -- neon lights and all. What is going on? Why now? And are they legal?</div></div></div><div class="field field-name-field-related-item3 field-type-link-field field-label-hidden"><div class="field-items"><div class="field-item even"><a href="http://rabble.ca/columnists/2016/10/landlords-and-tenants-to-fight-out-right-to-grow-medical-marijuana-under-new-regu" rel="nofollow" target="_blank">Landlords and tenants to fight out right to grow medical marijuana under new regulations</a></div></div></div><div class="field field-name-field-related-item3-desc field-type-text field-label-hidden"><div class="field-items"><div class="field-item even">While new regulations governing the growth of medical marijuana provide a quick solution for the issue of reasonable access, they leave the tough questions for tenants and housing providers.</div></div></div>Thu, 26 Apr 2018 14:30:25 +0000rabble staff144816 at https://rabble.cahttps://rabble.ca/columnists/2018/04/medical-cannabis-benefits-denied-how-statutory-insurance-plans-can-avoid-paying#commentsLandlords and tenants to fight out right to grow medical marijuana under new regulations https://rabble.ca/columnists/2016/10/landlords-and-tenants-to-fight-out-right-to-grow-medical-marijuana-under-new-regu
<div class="field field-name-taxonomy-vocabulary-22 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/issues/politics-canada">Politics in Canada</a></div><div class="field-item odd"><a href="/issues/civil-liberties-watch">Civil Liberties Watch</a></div><div class="field-item even"><a href="/issues/food-health">Food &amp; Health</a></div></div></div><div class="field field-name-field-image-for-node field-type-image field-label-hidden"><div class="field-items"><div class="field-item even"><img src="https://rabble.ca/sites/default/files/styles/large_story_850px/public/node-images/pro_bono_600_colour_19.jpg?itok=D-Xmpwlp" width="1180" height="600" /></div></div></div><div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even"><p><p>The new Access to Cannabis for Medical Purposes Regulation (ACMPR), which came into force on August 24, 2016, has changed how patients with prescriptions for medical marijuana can get their medicine. The ACMPR came to be, in part, as a response to a Federal Court ruling that the former Marihuana for Medical Purposes Regulations (MMPR) violated the Charter because it prohibited personal production of medical cannabis. For many medicinal cannabis users, the cost of accessing through the channels allowed under the MMPR were simply unaffordable.</p>
<p>Under the new regulations, in addition to being able to purchase through licensed producers, patients may apply to and register with Health Canada to grow their own cannabis plants (or designate someone else to grow it for them). The amounts a patient is allowed to grow is based on their prescription, but Health Canada estimates that every gram of dried marijuana prescribed (per day) will translate to an allowance for the production of five indoor plants or two outdoor plants. The average prescription under the ACMPR is 1‑3 grams/day.</p>
<p>While the move to allow personal production seems like a simple solution to the access problem, not everyone is happy. Housing providers, of all shapes and sizes, for‑profit and not, are concerned about the impact this shift may have on their housing stock. A widely circulated <a href="http://vancouversun.com/news/local-news/ottawa-sanctioned-grow-op-cost-me-135000-in-damages-b-c-property-owner" target="_blank" rel="nofollow">story</a> about a Coquitlam landlord that incurred property damage to the tune of $135,000 related to the production of marijuana by a tenant that had a personal production licence has captured the sector's attention. </p>
<p>In the Coquitlam case, the tenant was abusing his authorization for personal production to grow some 400 plants for illicit sale. It is safe to say that most tenants will not be using the authorization for personal production under the ACMPR to grow vast quantities of marijuana to sell illegally. It is also probably safe to say that the concern regarding damage to units on account of personal production under the ACMPR is exaggerated considering the average prescription of only 1‑3 grams per day.</p>
<p>Optimal conditions for growing marijuana include warm temperatures, extensive lighting and high humidity. While it's not at all clear that these conditions will actually be present in the units that are tenanted by people authorized to produce, or that these conditions will necessarily cause damage to the units, there is at least a widely held perception that growing marijuana indoors can cause significant damage. In either case, landlords are likely to see their insurance premiums increase or find themselves subject to exclusions from coverage where damage is related to cannabis production. For those reasons, among others, housing providers may look for ways to offload the risk onto tenants, for example, by requiring them to carry insurance, restricting their ability to grow through contract, or requiring more frequent inspections.</p>
<p>Arguably, these types of landlord‑imposed restrictions defeat the purpose of personal production under the ACMPR: accessibility. Inevitably, tenants will raise landlord obligations under human rights legislation to set aside such restrictions. The interesting question is whether a housing provider's duty to accommodate under human rights legislation could extend to cover a tenant's right to affordable access to their medication. </p>
<p>How the courts and tribunals will handle such an argument is unclear. It is generally accepted that a housing provider's duty to accommodate includes the use of medical cannabis (though not necessarily smoking medical cannabis inside a unit); however, the courts and human rights tribunals have been reluctant to extend the protections under human rights legislation to cover the financial condition of an applicant, whether or not the financial condition is related to a protected ground (for example, disability).</p>
<p>In a <a href="https://www.canlii.org/en/on/onhrt/doc/2014/2014hrto1250/2014hrto1250.html?searchUrlHash=AAAAAQAeYWZmb3JkIEFORCByZW50IEFORCBkaXNhYmlsaXR5AAAAAAE&amp;resultIndex=1" target="_blank" rel="nofollow">case</a> decided by the Ontario Human Rights Tribunal, despite finding that the financial circumstances of the applicant were informed by his disability, it was determined that the denial of a service on the basis of the applicant's economic circumstances was not discriminatory because there was no evidence that the service provider considered the applicant's disability in making its decision. In other words, adverse treatment isn't discriminatory if it based on finances only -- whether or not one's financial position is directly related to their physical characteristics.</p>
<p>Parallels may be drawn between this case and the type of economic argument that tenants authorized to grow medical cannabis for their own consumption might make.</p>
<p>All this is to say that while the ability for patients to grow under the ACMPR provides a quick and dirty solution for the government to comply with the Federal Court's ruling on reasonable access, it leaves the tough questions to be hashed out between tenants and housing providers. Not unlike its predecessors, the ACMPR will likely result in the most economically disadvantaged medical cannabis patients being stuck between a rock and hard place.</p>
<p>The ACMPR is an improvement, but it's far from perfect. Fortunately, the regulations are meant to be an interim measure only. Hopefully, the Trudeau government will understand how patients and landlords are affected by the unintended consequences of the regulations, consider the ACMPR as a work in progress, and correct the flaws.</p>
<p><em><a href="http://www.ilercampbell.com/" rel="nofollow">Iler Campbell LLP</a> is a law firm serving co-ops, not-for-profits, charities and socially-minded small business and individuals in Ontario.</em></p>
<p><em>Pro Bono provides legal information designed to educate and entertain readers. But legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. While efforts are made to ensure the legal information provided through these columns is useful, we strongly recommend you consult a lawyer for assistance with your particular situation to obtain accurate advice.</em></p>
<p><em>Submit requests for future Pro Bono topics to <a href="mailto:probono@rabble.ca" rel="nofollow">probono@rabble.ca</a>. Read past Pro Bono columns <a href="http://rabble.ca/taxonomy/term/20467" target="_blank" rel="nofollow">here</a>.</em></p>
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</p></div></div></div><div class="field field-name-taxonomy-vocabulary-9 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/category/tags-issues/canadian-law">canadian law</a></div><div class="field-item odd"><a href="/category/tags-issues/marijuana-legalization">marijuana legalization</a></div><div class="field-item even"><a href="/category/tags-issues/medical-marijuana">medical marijuana</a></div><div class="field-item odd"><a href="/taxonomy/term/20523">pro bono</a></div><div class="field-item even"><a href="/category/tags-issues/human-rights-law">human rights law</a></div><div class="field-item odd"><a href="/category/tags/marijuana-laws">Marijuana Laws</a></div><div class="field-item even"><a href="/category/tags/marijuana-reform">marijuana reform</a></div></div></div><div class="field field-name-taxonomy-vocabulary-14 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/category/bios/columnist/pro-bono">Pro Bono</a></div><div class="field-item odd"><a href="/category/bios/lauren-blumas">Lauren Blumas</a></div><div class="field-item even"><a href="/category/bios/claudia-pedrero">Claudia Pedrero</a></div></div></div><div class="field field-name-field-story-publish-date field-type-date field-label-hidden"><div class="field-items"><div class="field-item even"><span class="date-display-single">October 27, 2016</span></div></div></div><div class="field field-name-field-related-item1 field-type-link-field field-label-hidden"><div class="field-items"><div class="field-item even"><a href="http://rabble.ca/columnists/2016/03/outgrowing-government-medical-cannabis-access-canada-light-allard-decision" rel="nofollow" target="_blank">Outgrowing the government: Medical cannabis access in Canada in light of the Allard </a></div></div></div><div class="field field-name-field-related-item1-desc field-type-text field-label-hidden"><div class="field-items"><div class="field-item even">Cities like Vancouver, Victoria and Toronto are experiencing a medical cannabis dispensary boom -- neon lights and all. What is going on? Why now? And are they legal?</div></div></div><div class="field field-name-field-related-item2 field-type-link-field field-label-hidden"><div class="field-items"><div class="field-item even"><a href="http://rabble.ca/blogs/bloggers/progressive-economics-forum/2015/08/this-election-lets-have-real-debate-about-legaliz">This election, let&#039;s have a real debate about legalizing marijuana</a></div></div></div><div class="field field-name-field-related-item2-desc field-type-text field-label-hidden"><div class="field-items"><div class="field-item even">On the campaign trail, Stephen Harper is repeating assertions that relaxing pot laws will lead to terrible things. But the real debate is whether we should decriminalize or legalize it.</div></div></div><div class="field field-name-field-related-item3 field-type-link-field field-label-hidden"><div class="field-items"><div class="field-item even"><a href="http://rabble.ca/news/2015/07/health-canadas-lack-rigorous-safety-review-real-outrage" rel="nofollow" target="_blank">Health Canada&#039;s lack of rigorous safety review is the real outrage</a></div></div></div><div class="field field-name-field-related-item3-desc field-type-text field-label-hidden"><div class="field-items"><div class="field-item even">Health Minister Rona Ambrose is &quot;outraged&quot; by the Supreme Court&#039;s recent ruling on medical marijuana. Other are outraged at Ambrose&#039;s claim that Health Canada requires rigorous safety reviews. </div></div></div>Thu, 27 Oct 2016 12:53:44 +0000rabble staff126555 at https://rabble.caOutgrowing the government: Medical cannabis access in Canada in light of the Allard decision https://rabble.ca/columnists/2016/03/outgrowing-government-medical-cannabis-access-canada-light-allard-decision
<div class="field field-name-taxonomy-vocabulary-22 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/issues/politics-canada">Politics in Canada</a></div><div class="field-item odd"><a href="/issues/food-health">Food &amp; Health</a></div></div></div><div class="field field-name-field-image-for-node field-type-image field-label-hidden"><div class="field-items"><div class="field-item even"><img src="https://rabble.ca/sites/default/files/styles/large_story_850px/public/node-images/pro_bono_600_colour_12.jpg?itok=T3qCl7s9" width="1180" height="600" /></div></div></div><div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even"><p><p><em>Like this article? rabble is reader-supported journalism. <a href="https://secure.rabble.ca/donate/" target="_blank" rel="nofollow">Chip in</a> to keep stories like these coming.</em></p>
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<p>Each week, new retail storefronts are opening in the city of Toronto. But these aren't your average retailers.</p>
<p>Medical cannabis dispensaries, storefronts which dispense cannabis on-site to those with medical conditions, have historically operated on the margins of the law, providing access to patients since a time in Canada when there was no legal means of doing so.</p>
<p>But this is not the slow uptake of a grassroots movement by the mainstream. What cities like Vancouver, Victoria and Toronto are experiencing can accurately be described as a dispensary boom -- neon lights and all. What is going on? Why now? And are they legal?</p>
<p>The answer is a complicated one. Cannabis dispensaries are not legal, per se. The only way to access medical cannabis in Canada is through the Marihuana for Medical Purposes Regulations (MMPR) -- the program created by Health Canada to open medical cannabis to a free market model which licensed a handful of producers (Licensed Producers) to grow and distribute cannabis under a heavily regulated system. For patients, obtaining medical cannabis under the MMPR is a protracted and impersonal process. Patients must get a "medical document," similar to a prescription, filled out by a physician, and then use that medical document to register with one of 29 Licensed Producers in Canada. The MMPR operates entirely on the basis of mail-order deliveries, and allows Licensed Producers to provide only dried cannabis or cannabis oil.</p>
<p>The MMPR program, unveiled in 2013, replaced the former Marihuana Medical Access Regulations (MMAR) program which provided medical cannabis patients a limited set of options to access their medicine: (a) through Health Canada -- which supplied one strain of dried cannabis despite varying therapeutic profiles amongst different strains; or (b) by applying for and obtaining a production license (either a Personal-Use Production License or Designated Person Production License) to grow their own or designate another person to grow for them. Though production licenses were intended to be phased out under the Conservatives' MMPR program, they were ostensibly grandfathered in by the injunction granted by the Federal Court in 2014. The injunction, upheld on appeal to the Federal Court of Appeal, allowed patients already holding production licences (and meeting certain court-imposed criteria) to continue growing, pending the outcome of the Constitutional challenge to the MMPR program in <em>Allard et al v Majesty the Queen in Right of Canada</em>. While the number of dispensaries had been steadily climbing in Vancouver, and to some degree, in Toronto, the injunction appeared to kick things into overdrive.</p>
<p>While not the case for all dispensaries, it seems to be common knowledge that these production licenses were, and perhaps continue to be, the lifeblood of dispensary supply. Aside from providing relief to patients who could not afford to purchase their cannabis under the MMPR, the injunction also provided some security to the dispensary as both a means of protecting growers and a viable business model. New entrants have pounced on the opportunity, with hundreds of storefront dispensaries opening up in Vancouver, Victoria and Toronto.</p>
<p>The legal landscape was further complicated by last week's Federal Court decision in the constitutional challenge to the MMPR program launched by Neil Allard and three other B.C. residents (the <a href="http://cas-cdc-www02.cas-satj.gc.ca/rss/T-2030-13%20reasons%2024-02-2016%20(ENG).pdf" target="_blank" rel="nofollow">Allard decision</a>). It was argued, and the Federal Court agreed, that limiting patient access to purchasing from Licensed Producers under the MMPR (affordability being identified as a major barrier), infringed Section 7 of the Charter, and on that basis, the <em>entire</em> MMPR was declared invalid. The decision was suspended for six months, giving the new Liberal government a window to amend the MMPR or enact a parallel medical marijuana regime.</p>
<p>So what? For one, the government will need to make considerable changes to create a functional program that provides safe and affordable access to patients, which might include a regime for personal growing. Some see it as setting the stage for further commercialization of medical cannabis and the entrenchment of the burgeoning dispensary industry. For Licensed Producers who spent enormous sums of money to comply with the MMPR, the decision is a potential game changer -- likely, they'll be forced to give up their stronghold on production and distribution of medical cannabis. While perhaps not welcome news for the 29 Licensed Producers in the country, it's not necessarily a complete disaster. Growing requires investment into equipment, and at least some knowledge or experience. Licensed Producers will be well positioned to run with whatever production and distribution system is legislated. </p>
<p>What seems to be getting lost in the conversation so far surrounding the Allard decision is the opportunity for patient care. The government has the opportunity to wipe the slate clean and put an end to the Conservative cycle of regulate/challenge/strike down/re-adjust. Licensed Producers have been forced to conform to a broken, hyper-regulated regime which hamstrings their ability to deliver affordable, patient-centred access. Meanwhile, dispensaries have been forced to operate around the law, leaving patients vulnerable to abuse by the bad apples. The best of both have developed patient-focused practices that need to be incorporated into whatever regime is to come. Inevitably, some of the players are going to lose out. With any luck, the new Liberal government will recognize those operating within and outside of the law that have established sound, patient-focused practices and legislate a program which also supports them. </p>
<p><em><a href="http://www.ilercampbell.com/" rel="nofollow">Iler Campbell LLP</a> is a law firm serving co-ops, not-for-profits, charities and socially-minded small business and individuals in Ontario.</em></p>
<p><em>Pro Bono provides legal information designed to educate and entertain readers. But legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. While efforts are made to ensure the legal information provided through these columns is useful, we strongly recommend you consult a lawyer for assistance with your particular situation to obtain accurate advice.</em></p>
<p><em>Submit requests for future Pro Bono topics to <a href="mailto:probono@rabble.ca" rel="nofollow">probono@rabble.ca</a>. Read past Pro Bono columns <a href="http://rabble.ca/taxonomy/term/20467" target="_blank" rel="nofollow">here</a>.</em></p>
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</p></div></div></div><div class="field field-name-taxonomy-vocabulary-9 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/category/tags-issues/canadian-law">canadian law</a></div><div class="field-item odd"><a href="/category/tags-issues/marijuana-legalization">marijuana legalization</a></div><div class="field-item even"><a href="/category/tags-issues/medical-marijuana">medical marijuana</a></div><div class="field-item odd"><a href="/taxonomy/term/20523">pro bono</a></div><div class="field-item even"><a href="/category/tags-issues/marijuana-dispensary">marijuana dispensary</a></div><div class="field-item odd"><a href="/category/tags/marijuana-laws">Marijuana Laws</a></div><div class="field-item even"><a href="/category/tags/marijuana-reform">marijuana reform</a></div></div></div><div class="field field-name-taxonomy-vocabulary-14 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/category/bios/columnist/pro-bono">Pro Bono</a></div><div class="field-item odd"><a href="/category/bios/lauren-blumas">Lauren Blumas</a></div><div class="field-item even"><a href="/category/bios/jenna-valleriani-0">Jenna Valleriani</a></div></div></div><div class="field field-name-field-story-publish-date field-type-date field-label-hidden"><div class="field-items"><div class="field-item even"><span class="date-display-single">March 3, 2016</span></div></div></div><div class="field field-name-field-related-item1 field-type-link-field field-label-hidden"><div class="field-items"><div class="field-item even"><a href="http://rabble.ca/columnists/2015/01/whose-body-this-right-to-die-dignity-revisited" rel="nofollow" target="_blank">&#039;Whose body is this?&#039;: The right to die with dignity revisited</a></div></div></div><div class="field field-name-field-related-item1-desc field-type-text field-label-hidden"><div class="field-items"><div class="field-item even">The current state of the law leaves people who are ailing with a dismal set of options. Now there&#039;s a new decision before the Supreme Court to advance the rights of terminally ill Canadians.</div></div></div><div class="field field-name-field-related-item2 field-type-link-field field-label-hidden"><div class="field-items"><div class="field-item even"><a href="http://rabble.ca/blogs/bloggers/progressive-economics-forum/2015/08/this-election-lets-have-real-debate-about-legaliz">This election, let&#039;s have a real debate about legalizing marijuana </a></div></div></div><div class="field field-name-field-related-item2-desc field-type-text field-label-hidden"><div class="field-items"><div class="field-item even">On the campaign trail, Stephen Harper is repeating assertions that relaxing pot laws will lead to terrible things. But the real debate is whether we should decriminalize or legalize it.</div></div></div><div class="field field-name-field-related-item3 field-type-link-field field-label-hidden"><div class="field-items"><div class="field-item even"><a href="http://rabble.ca/news/2015/07/health-canadas-lack-rigorous-safety-review-real-outrage" rel="nofollow" target="_blank">Health Canada&#039;s lack of rigorous safety review is the real outrage</a></div></div></div><div class="field field-name-field-related-item3-desc field-type-text field-label-hidden"><div class="field-items"><div class="field-item even">Health Minister Rona Ambrose is &quot;outraged&quot; by the Supreme Court&#039;s recent ruling on medical marijuana. Other are outraged at Ambrose&#039;s claim that Health Canada requires rigorous safety reviews. </div></div></div>Thu, 03 Mar 2016 13:24:55 +0000rabble staff123294 at https://rabble.caHealth Canada's lack of rigorous safety review is the real outragehttps://rabble.ca/news/2015/07/health-canadas-lack-rigorous-safety-review-real-outrage
<div class="field field-name-taxonomy-vocabulary-14 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even">Peter Biesterfeld</div></div></div><div class="field field-name-field-image-for-node field-type-image field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/news/2015/07/health-canadas-lack-rigorous-safety-review-real-outrage"><img src="https://rabble.ca/sites/default/files/styles/large_story_850px/public/node-images/10135903905_e6190d2f96_z.jpg?itok=6GKdOL_g" width="1180" height="600" alt="Photo: flickr/ Health Gauge" title="Photo: flickr/ Health Gauge" /></a></div></div></div><div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even"><p><p><em> <a href="https://secure.rabble.ca/donate/" target="_blank" rel="nofollow">Chip in</a> to keep stories like these coming.</em></p>
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<p>The Supreme Court of Canada recently ruled that medical marijuana users have the right not to have to smoke their medicine. Bring on the pot-infused cookies, lozenges, oils and teas. For some conditions alternative cannabis treatment is more effective and less risky than inhaling. Until the SCC ruling it was a criminal offence for medical users to ingest pot in any other form than dry leaf.</p>
<p>Wellness custodian of the land, Health Minister Rona Ambrose was "outraged" by the ruling.</p>
<p>"Marijuana has never gone through the regulatory approval process at Health Canada, which requires rigorous safety reviews and clinical trials with scientific evidence," said Ambrose. "So frankly, I'm outraged by the Supreme Court."</p>
<p>For some, outrage would have been justified had the ruling favored the status quo whereby a mother of a seven-year-old would have to insist Johnny take his medicine by sparking up a joint to get his seizures under control.</p>
<p>Others are outraged at Ambrose's claim that Health Canada "requires rigorous safety reviews and clinical trials with scientific evidence."</p>
<p>According to former Health Canada drug evaluator Shiv Chopra the real outrage is that "Health Canada is violating its own Food and Drugs Act by playing fast and loose with drug approvals, allowing drug manufacturers to regulate themselves," and not insisting on 'rigorous safety reviews' as Ambrose claimed.</p>
<p>For Chopra the outrage is that 15 years after he and two fellow scientists, Margaret Haydon and Gérard Lambert blew the whistle on their Health Canada bosses for licensing drugs of questionable safety, nothing has changed.</p>
<p>In 1998 the scientists had gone public with allegations that they and other drug evaluators in the Bureau of Veterinary Drugs were pressured by senior managers and industry lobbyists to approve genetically engineered products such as hormones and antibiotics given to food producing animals without seeing the human safety data of these drugs. Chopra and his colleagues claim that refusing to approve these drugs without seeing the data and going public about it is what eventually got them fired in 2004.</p>
<p>It's all in the book. Shiv Chopra's 2009 tell-all, <em>Corrupt to the Core: Memoirs of a Health Canada Whistleblower</em>, is an unflinching account of regulatory recklessness in the public health sector.</p>
<p>Here's the backstory: Drug regulators first heard the drums of deregulation beating during the 1985 Shamrock Summit in Quebec City. While Brian Mulroney and Ronald Regan were harmonizing in their famous duet of "When Irish eyes are smiling," Canadian and American officials were harmonizing NAFTA, the North American Free Trade Agreement. Everything was on the table. Chopra recalls the media glitz surrounding the event. "The underlying message of those sound bites," he writes, "was that they were effectively constructing a policy of deregulation of drugs, foods, medical devices, pesticides, all kinds of products of questionable safety."</p>
<p>After Shamrock, pharmaceutical lobbyists pushed bureaucrats hard for new product approvals, including new drugs to be administered to food producing animals in order to artificially glean extra yields of meat and milk.</p>
<p>Monsanto claimed, for example, that if you inject a cow with Posilac, a genetically engineered bovine growth hormone (rBGH), she will produce 10 to 20 per cent more milk. According to Chopra, Monsanto insisted on approval by reminding Health Canada that its U.S. counterpart the Food and Drug Administration had found rBGH to be safe. The message to regulators was clear: Get in line or get out of the way. However, Chopra and other drug evaluators refused to approve rBGH pointing to huge gaps in Monsanto's human safety data submissions.</p>
<p>Chopra led an internal investigation which revealed that Monsanto had indeed submitted a 90-day rat-feeding study on rBGH showing serious adverse side effects, but a special file manager at Health Canada had kept the negative results under lock and key away from human safety evaluators.</p>
<p>In his report Chopra included the history of how senior managers harassed and pressured evaluators to pass drugs of questionable safety for humans. Also in the report was Dr. Haydon's allegation that she was in the room during a meeting with Health Canada officials when a Monsanto operative offered $1-to-$2-million to Health Canada to have Posilac approved without having to submit data from further studies or trials. Monsanto claimed it offered the money to fund new research. According to Chopra, senior managers ordered these and other items stricken from the report and kicked the revised document upstairs. Health minister Alan Rock and Prime Minister Jean Chretien were copied. Chopra refused to sign the altered document.</p>
<p>Instead, he led a joint harassment grievance of five scientists to complain that management's tactics for fast-tracking the drug regulatory process were in contravention of the Food and Drugs Act. Chopra claims that scientists who had objected were moved off the file and replaced by more obedient colleagues. When the grievance was dismissed by an assistant deputy minister as "interpersonal problems," the group took it up with their union, the Professional Institute of the Public Service of Canada which brought the issue into the public eye.</p>
<p>The late Senator Eugene Whelan who had been Trudeau's agriculture minister, got hold of the rBGH file and mobilized the Senate Standing Committee on Agriculture to launch a public investigation. Whelan the colourful former Windsor-Essex MP held fellow Liberal Alan Rock's feet to the fire by asking some tough questions of Health Canada officials and Monsanto lobbyists. One of Rock's former policy advisers joined Monsanto Canada's government affairs team after leaving office.</p>
<p>The senate hearings were beamed across the country by CPAC. Thousands of citizens wrote to senators and public interest groups flocked to Parliament Hill to voice concerns about rBGH going into the nation's food supply.</p>
<p>Monsanto witnesses who appeared before the committee testified there were plenty of "exhaustive scientific studies" that concluded "overwhelmingly" that bovine growth hormone was safe for humans. Nevertheless, the senators on the committee concluded that final rBGH approvals should be based on what Health Canada scientists determined to be safe.</p>
<p>Green Party leader Elizabeth May who was Sierra Club CEO at the time had got wind of the impending threat of rBGH approval from a government insider. "Provincial bureaucrats across the country had been notified that bovine growth hormone was going to be registered," says May. "Nobody knew publicly that Alan Rock had already decided to register it. And then the hearings took place."</p>
<p>In dramatic testimony in front of Parliamentary cameras Chopra and Haydon hung out Health Canada's dirty laundry for appalled Canadians to see.</p>
<p>In January, 1999 Alan Rock decided not to register rBGH for licensing. Although Chopra and his fellowship of Health Canada regulators did not approve it, bovine growth hormone was never banned outright, and thanks to NAFTA rBGH-treated dairy products from the U.S. continue to make their way into Canadian grocery stores.</p>
<p>Sixteen years after the hearings the Senate committee's list of recommendations made in a 1999 interim report on how Health Canada should fix its broken regulatory process and troubling coziness with industry, remains an interim report with none of its recommendations enacted to this day. There's an outrage.</p>
<p>In fact, in the interests of "making it easier for Canadians and businesses to deal with their government" as it was expressed in the 2012 federal budget, there is today even less of government and more of industry in food safety. The Harper government carved $56 million from the Canadian Food Inspection Agency's operating funds. The CFIA which shares food safety oversight with Health Canada would lose 650 jobs many of them veterinarians and chemists who inspect meat products and certify their safety.</p>
<p>In the 2012 budget announcement the late finance minister Jim Flaherty had trumpeted a new directive: "The CFIA will introduce a web-based label verification tool that encourages consumers to bring validated concerns directly to companies and associations for resolution." That's code for, industry will now be inspecting itself, if you have an issue with food safety, take it up with the food producer.</p>
<p>NDP foreign affairs critic Paul Dewar, who calls Chopra and Haydon's drug safety battles with Health Canada heroic says, "There is not one person in charge at the Public Health Branch who has a background in research. Those people have been shuffled out." In keeping with muzzling of scientists in other sectors Dewar says this has resulted in lack of oversight of drug and food safety: "Health Canada is entirely negligent when it comes to allowing people to understand what's in their food."</p>
<p>Dewar introduced a private members bill back in 2008 that would have required mandatory labeling of food product ingredients including genetically engineered hormones such as rBGH, pesticides, non-therapeutic antibiotics, GMOs and slaughterhouse waste.</p>
<p>Chopra calls them the five pillars of food safety. Suspected to be of questionable safety and kept off shelves in EU countries, none of the products containing these ingredients have undergone clinical trials by Health Canada that produced scientific evidence of their human safety.</p>
<p>"You won't find the safety data for these five things in our food supply anywhere," says Chopra.</p>
<p>In a 2014 TV program entitled "Drugstore Remedies -- Licence to Deceive," CBC Marketplace producers exposed what a dangerous joke Health Canada's "rigorous safety reviews" have become.</p>
<p>The program's producers filled out a licence application for a children's remedy that claimed to reduce fever, inflammation and pain. They called it Nighton, an anagram of "nothing" because the drug didn't actually exist. The only scientific evidence Marketplace host Erica Johnson submitted to back up the drug's claims was five photocopied pages from a 1902 homeopathic reference book. She mailed out the application in May and in October a brown envelope came back with her Health Canada licence.</p>
<p>Now there's an outrage.</p>
<p> </p>
<p><em>This piece originally appeared <em>n the July 20, 2015</em> </em><a href="https://www.hilltimes.com/opinion/2015/07/20/real-outrage-is-lack-of-rigorous-review-at-health-canada/42837" target="_blank" rel="nofollow">The Hill Times</a><em> and is reprinted with permission.</em></p>
<p><em>Peter Biesterfeld is a freelance writer, independent documentary maker and educator based in Toronto. He writes and makes films about social justice and media watch issues. He has written for </em>NOW magazine, Common Ground, The Dominion<em> and </em>Videomaker<em>.</em></p>
<p><em>Photo: flickr/ <a href="https://www.flickr.com/photos/healthgauge/10135903905/" target="_blank" rel="nofollow">Health Gauge</a></em></p>
</p></div></div></div>Fri, 24 Jul 2015 15:34:37 +0000rabble staff119342 at https://rabble.caNot Rex: From mining gold to growing greenhttps://rabble.ca/rabbletv/program-guide/2014/04/not-rex/not-rex-mining-gold-to-growing-green
<div class="field field-name-field-where-to-find field-type-link-field field-label-hidden"><div class="field-items"><div class="field-item even"><a href="https://www.youtube.com/watch?v=sjH9y0gfaBo" target="_blank">YouT</a></div></div></div><div class="field field-name-taxonomy-vocabulary-14 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/category/bios/humberto-dasilva">Humberto DaSilva</a></div></div></div><div class="field field-name-field-story-publish-date field-type-date field-label-hidden"><div class="field-items"><div class="field-item even"><span class="date-display-single">April 10, 2014</span></div></div></div><div class="field field-name-taxonomy-vocabulary-22 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/issues/politics-canada">Politics in Canada</a></div></div></div><div class="field field-name-taxonomy-vocabulary-17 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/category/rabbletv-channels/not-rex">Not Rex</a></div></div></div><div class="field field-name-field-image-for-node field-type-image field-label-hidden"><div class="field-items"><div class="field-item even"><img src="https://rabble.ca/sites/default/files/styles/large_story_850px/public/node-images/screen_shot_2014-04-10_at_9.29.18_am.png?itok=xt081Yvg" width="1180" height="600" alt="" /></div></div></div><div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even"><p><p>"How are we going to cash in on Harper's medical marijuana reform?," wonders the Big Suits at the next table. Growing cannibis in mine shafts? Transfering from mining gold to growing green?</p>
<p>Does it bother anyone else that the same people who have imprisoned others for selling weed are now on the green bandwagon?</p>
</p></div></div></div><div class="field field-name-taxonomy-vocabulary-9 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/category/tags-issues/harper-government">Harper government</a></div><div class="field-item odd"><a href="/category/tags-issues/criminalization">criminalization</a></div><div class="field-item even"><a href="/category/tags-issues/medical-marijuana">medical marijuana</a></div><div class="field-item odd"><a href="/category/tags-issues/corporate-agenda">corporate agenda</a></div><div class="field-item even"><a href="/category/tags-issues/marc-emery">Marc Emery</a></div><div class="field-item odd"><a href="/taxonomy/term/18214">Not Rex</a></div><div class="field-item even"><a href="/category/tags-issues/not-rex-murphy">Not Rex Murphy</a></div><div class="field-item odd"><a href="/category/tags-issues/justin-trudeau">Justin Trudeau</a></div></div></div><div class="field field-name-field-embedded-video field-type-video-embed-field field-label-hidden"><div class="field-items"><div class="field-item even">
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</div></div></div>Thu, 10 Apr 2014 13:29:48 +0000rabble staff107985 at https://rabble.ca'Ethical Cannabis': Is it time to make … 'The Case for B.C. Bud'? https://rabble.ca/blogs/bloggers/djclimenhaga/2013/11/ethical-cannabis-it-time-to-make-%E2%80%A6-case-bc-bud
<div class="field field-name-taxonomy-vocabulary-14 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even">David J. Climenhaga</div></div></div><div class="field field-name-field-image-for-node field-type-image field-label-hidden"><div class="field-items"><div class="field-item even"><img src="https://rabble.ca/sites/default/files/styles/large_story_850px/public/node-images/herb_is_good.jpg?itok=nsMmLOly" width="1180" height="600" alt="Image: flickr/dustinq" title="Image: flickr/dustinq" /></div></div></div><div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even"><p><p>Those of us who don't regularly wear melons on our heads or particularly care about Canadian football are waiting impatiently for the results of today's <a href="http://www.cbc.ca/news/canada/toronto/federal-byelections-bring-opportunity-feedback-to-parties-1.2438683" target="_blank" title="Four Federal Byelections" rel="nofollow">federal byelections</a> so that we can spin them in ways that reinforce our personal political preferences.</p>
<p>For example, if you're a conservative of any stripe, and Prime Minister Stephen Harper's Conservatives lose all four byelections, you will explain tonight that this proves Canadians r<em>eally want more conservative policies</em>, and, anyway, byelections always go against <em>strong, stable, majority </em>governments.</p>
<p>Privately, of course, you'll be looking for a better way to attack Justin Trudeau than <a href="http://www.cbc.ca/news/politics/trudeau-mocked-for-pot-tories-mum-on-ford-s-crack-use-1.2431021" target="_blank" title="Tory Attack on Trudeau Pot Admission" rel="nofollow">making light</a> of his smoking habits -- too bad he doesn't have a French <em>passeport</em> like Thomas Mulcair!</p>
<p>All this said, it seems to me that no matter what your political persuasion is -- assuming it's with one of the Big Three Canadian political parties, anyway -- there's a strong possibility you’ll find this evening's results disheartening.</p>
<p>Then again, maybe not. <em>So</em>, while we wait, let's turn our minds to something completely different: Western Canada's second most serious economic problem, and what to do about it.</p>
<p>Western Canada's first most pressing economic problem, of course, as any citizen of Rider Nation West, which until yesterday was known as Alberta, understands better than those of you who live in less fortunate parts of the country, is finding a way for our grimy but ethical Athabasca bitumen past all those uncooperative Americans, Quebeckers and, worst of all, British Columbians so that it will fetch a higher price and make us all incomparably wealthy, or at least wealthy enough to reduce our Emergency Room lineups by a few hours …</p>
<p>Where was I? Oh yeah, like, <em>Problem No. 2.</em></p>
<p>The second biggest economic problem in Western Canada is what happens when the Excited States of America, one by one, start to relax their attitudes and their laws about <a href="http://en.wikipedia.org/wiki/Cannabis_in_British_Columbia" target="_blank" title="Wikipedia Estimate of B.C. Bud Value" rel="nofollow">British Columbia's No. 1 export</a>, and I'm not talking about boards made out of Douglas fir or spruce.</p>
<p>This has already started, in fact, in Washington State and Colorado. As a result, just the other day, the <a href="http://www.theglobeandmail.com/news/british-columbia/demand-price-for-bc-bud-dropping-in-wake-of-us-legalization/article15517215/" target="_blank" title="Globe on Plunging B.C. Bud Prices" rel="nofollow"><em>Globe and Mail</em> published</a> this foreboding headline: <em>"Demand, price for B.C. bud dropping in wake of U.S. legislation."</em></p>
<p>Well, I thought, <em>crap!</em> It’s that wretched Law of Supply &amp; Demand again. There goes the B.C. real estate market. And if you don't think I’m right, consider what's been keeping pretty much all economic activity afloat in the our westernmost province through these last couple of decades of neoliberal mismanagement.</p>
<p>"The price of B.C. bud has dropped since two U.S. states voted in favour of marijuana legalization, according to pot advocates, who say British Columbia will continue to feel the pinch once Washington State retailers are formally up and running," reported the <em>Globe's</em> Sunny Dhillon last week, and I love the way the <em>Globe</em> didn't feel the need to explain to its B.C. readers that "Bud" isn't just a diminutive for a big guy you don’t particularly like.</p>
<p>In addition to liberal attitudes and laws, easier access to medical marijuana south of the Medicine Line has pushed prices down, the <em>Globe</em> reported.</p>
<p>In other words, like I said, it's that pesky supply and demand thing. The price of the stuff has already crashed from $2,000 per pound -- why do they price it in pounds, I wonder? -- to about half that, and the plunge isn’t over yet. Trust me, B.C. house prices won't be far behind.</p>
<p>Worse, from the <em>Globe's</em> account we can see that no government is stepping up to the plate to help: "B.C. used to be a world leader in cannabis technology but has fallen by the wayside because the government hasn't embraced the industry," explained the reporter, apparently without smirking.</p>
<p>So don't look for any help from our various stripes of conservative government out here in the west, including the one in B.C. that calls itself Liberal, because that would mean they have to admit just how big a business cannabis has become in British Columbia -- bigger than the forest industry, according to some estimates, and at least $6 billion in revenues each year.</p>
<p>That means it's generating more revenue than all but maybe one of the industries B.C. spends taxpayers' dollars to promote -- and they’re not collecting a dime of tax from it!</p>
<p>Well, it won't be worth much even in sales tax at the hydroponics store if something isn't done soon, and if the government won't help, what can you do?</p>
<p>Well, I was sitting in a seminar yesterday morning about the environment, when I had this thought: <em>"Why not rebrand B.C. bud as 'Ethical Marijuana'?"</em></p>
<p>I mean, seriously, people, it worked for bitumen -- or, as we know it out here in Alberta -- "Ethical Oil." Sort of, anyway.</p>
<p>Think about it. B.C.'s Ethical Cannabis doesn't come from a disorderly and Tea Party dominated place like Colorado or Washington, and it sure as heck isn't Conflict Marijuana from a crazy venue like Mexico or Columbia!</p>
<p>Unlike Conflict Pot from some of the most politically and environmentally reckless regimes in the world -- I'm cribbing just a bit here -- "Ethical Cannabis" is the "fair trade" choice in recreational drugs!</p>
<p>Yo! And Canada upholds human rights and has high environmental standards, right? It ensures economic justice and promotes peace … sort of. And, in parts of British Columbia, the nearest armed Mountie can be more than an hour away from wherever you are at any given time!</p>
<p>Plus, with no market south of the U.S. border, B.C. "Ethical Bud" is <em>100 per cent Canadian!</em></p>
<p>Look, I'm not saying it's perfect. But when you've got a product you thought was a sure thing, and all of a sudden nobody wants it, a little re-framing can't hurt. <em>Right?</em></p>
<p>And if this doesn't work, I'm calling Rob Ford's office. Surely he buys <em>Ethical Crack?</em><em></em></p>
<p><em>NOTE: No illegal products were consumed in the production of this post, which also appears on David Climnenhaga's blog, <a href="http://www.albertadiary.ca/" target="_blank" title="Alberta Diary" rel="nofollow">Alberta Diary</a>.</em></p>
<p><em>Image: flickr/dustinq</em></p>
</p></div></div></div>Mon, 25 Nov 2013 06:48:10 +0000djclimenhaga105032 at https://rabble.caBook Launch: Pot Farm by Matthew Frankhttps://rabble.ca/whatsup/book-launch-pot-farm-matthew-frank
<div class="field field-name-field-eventstart field-type-date field-label-hidden"><div class="field-items"><div class="field-item even"><span class="date-display-single">Wednesday, June 27, 2012 - 23:00</span></div></div></div><div class="field field-name-field-image-for-node field-type-image field-label-hidden"><div class="field-items"><div class="field-item even"><img src="https://rabble.ca/sites/default/files/styles/large_story_850px/public/node-images/potfarm.jpg?itok=yfsEpDP6" width="1180" height="600" /></div></div></div><div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even"><p><p>Matthew Frank presents <em>Pot Farm</em>, his account of the lives and times of folks working on a "mostly medical" marijuana farm in California.</p>
<p><em>Pot Farm</em> details the strange, sublime, and sometimes dangerous goings-on at Weckman Farm, a place with hidden politics and social hierarchies, populated by recovering drug addicts, alternative healers, pseudo-hippie kids, and medical marijuana users looking to give back.</p>
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(Third at Bank) </span>
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Ottawa </span>
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<span class="geo"><abbr class="latitude" title="45.403686">45° 24' 13.2696" N</abbr>, <abbr
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Ontario CA </div>
</div></div></div><div class="field field-name-taxonomy-vocabulary-9 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/category/tags-issues/book-launch">book launch</a></div><div class="field-item odd"><a href="/category/tags-issues/medical-marijuana">medical marijuana</a></div><div class="field-item even"><a href="/category/tags-issues/non-fiction">non-fiction</a></div></div></div><div class="field field-name-taxonomy-vocabulary-23 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even"><a href="/category/regions/ca/on">ON</a></div></div></div><div class="field field-name-field-event-organization field-type-link-field field-label-hidden"><div class="field-items"><div class="field-item even"><a href="http://octopusbooks.ca/" target="_blank">Octopus Books </a></div></div></div>Tue, 12 Jun 2012 01:24:07 +0000Theresa Ketterling93506 at https://rabble.caWeekly Pulse: Flipping the Byrd on healthcare reformhttps://rabble.ca/blogs/bloggers/media-consortium-blog/weekly-pulse-flipping-byrd-healthcare-reform
<div class="field field-name-taxonomy-vocabulary-14 field-type-taxonomy-term-reference field-label-hidden"><div class="field-items"><div class="field-item even">The Media Consortium</div></div></div><div class="field field-name-field-image-for-node field-type-image field-label-hidden"><div class="field-items"><div class="field-item even"><img src="https://rabble.ca/sites/default/files/styles/large_story_850px/public/default_images/rabble-filler-photo.jpg?itok=sM2nM-OL" width="1180" height="600" alt="" /></div></div></div><div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even"><p><p><em> By Lindsay Beyerstein, TMC MediaWire Blogger</em></p>
<p>This week, the healthcare reform debate churned on behind the scenes as the economic crisis and treasury secretary Geithner's latest bank rescue plan dominated the news cycle. Meanwhile Democrats weighed various strategies to advance healthcare reform even without a filibuster-proof majority in the senate. Drug policy made headlines this week. Attorney General Eric Holder expanded upon the administration's new found tolerance towards states that permit medical marijuana. The morning after pill will soon be available over-the-counter to 17-year-olds nationwide, thanks to a ruling by a New York federal judge. </p>
<p>"Could an obscure Senate rule free Barack Obama from the filibuster and enable health-care reform?" asks <a href="http://healthcare.newsladder.net/submissions/click/3zdUFSjl?c=b" rel="nofollow">Ezra Klein</a> in the American Prospect. Democrats are eager to maintain momentum for their ambitious healthcare reform agenda, but the potential of a filibuster could derail the plan. It all comes down to numbers: If a healthcare reform bill were introduced in the Senate, the Democrats would not have the 60 votes they need to block a Republican filibuster.</p>
<p>However, as Klein explains, it's possible to pass a healthcare bill with a simple majority in the Senate:</p>
<p> </p>
<p><em>"Imagine you want to run health reform through the reconciliation process. Here's how it works: Congress includes reconciliation instructions in the budget. Those instructions direct certain committees -- say, the Finance Committee and the Health, Energy, Labor, and Pensions Committee -- to produce health-reform legislation hitting certain spending targets by a certain deadline. Once finished, the legislation is tossed back to the Budget Committee, which staples it together into an omnibus bill and sends it to the floor of the Senate for 20 hours of debate followed by an up-or-down vote."</em></p>
<p> </p>
<p>There's always a catch. In this case, Klein explains, the catch is a provision known as the Byrd Rule, which states that only provisions directly related to spending or deficit reduction can be inserted during budget reconciliation. Everyone seems to agree that healthcare reform will have a profound impact, for good or ill, on the nation's bottom line--but would healthcare legislation "count" under the Byrd test? Klein says that nobody knows because the final decision would rest with the inscrutable Senate parliamentarian, Alan Frumin . George W. Bush used the reconciliation process to pass everything from oil drilling to trade policy, but there's simply no way to know whether the parliamentarian would indulge the Democrats on healthcare. Klein writes, "It's the legislative equivalent of deciding a bill on penalty kicks."</p>
<p>Even so, the Republicans aren't taking any chances. The <em>Washington Monthly's</em> Steve Benen recently chided Sen. Judd Gregg (R-NH) for saying that using the reconciliation process to pass healthcare reform would be a step towards <a href="http://healthcare.newsladder.net/submissions/click/ep22DYCu?c=b" rel="nofollow">"mob rule"</a>.</p>
<p>Public interest lawyer Roy Ulrich argues in <em>AlterNet</em> that we may not see healthcare reform until we see <a href="http://healthcare.newsladder.net/submissions/click/bM4y8WMo?c=b" rel="nofollow">campaign finance reform</a>. Ulrich notes that most liberals, President Obama included, want healthcare reform to included a publicly-financed health insurance option. However, even some of the Democrats in the Senate are hostile to that idea, notably Sen. Max Baucus (D-MT), who has received more than $413,000 over the past four years from drug companies and health insurance carriers.</p>
<p>Drug policy continues to make headlines this week. Steve Benen of the <em>Washington Monthly</em> follows up on Attorney General Eric Holder's announcement that he will no longer raid medical marijuana facilities in California, where the drug is legal with a doctor's prescription: Holder stated that on his watch, federal authorities would <a href="http://healthcare.newsladder.net/submissions/click/4TjWqTPj?c=b" rel="nofollow">only target traffickers posing as legitimate dispensaries</a>, <em>bona fide</em> purveyors of medical marijuana.</p>
<p>Benen notes that Sen. Chuck Grassley (R-IA) is giving an unpredictable justification for his entirely predictable outrage: "This Attorney General is not doing healthcare reform any good," said Grassley. "The first rule of medicine -- 'do no harm' -- is being violated by the Attorney General with this decision."</p>
<p>Yes, that's the same Chuck Grassley who cheers on Rush Limbaugh for telling lies about comparative efficacy research (CER) and healthcare reform. I'm not making this up. Chris Hayes of the Nation has the <a href="http://healthcare.newsladder.net/submissions/click/eemDaE97?c=b" rel="nofollow">details</a>. Limbaugh, Fox News and other right wing media outlets have been deliberately circulating misinformation about the president's comparative effectiveness research program. In reality, CER is a tool for doctors to make better treatment decisions. Limbaugh and his cronies are claiming that it has something to do with healthcare rationing and Grassley is cheering them on.</p>
<p>Despite some deescalation on the medical marijuana front, President Obama has shown a troubling willingness to further militarize other aspects of the <a href="http://healthcare.newsladder.net/submissions/click/N5t56xlv?c=b" rel="nofollow">drug war</a>, <em>Democracy Now</em> reports.</p>
<p>And finally, a big step forward for birth control, thanks to a federal judge in New York. Thanks to the judge's ruling, Plan B, also known as the morning after pill, will be available over-the-counter to women 17 and over within the next 30 days, <a href="http://healthcare.newsladder.net/submissions/click/m2OYA3VD?c=b" rel="nofollow">Dana Goldstein</a> notes in the <em>American Prospect.</em> The judge found the FDA erred in restricting access to Plan B during the Bush era.</p>
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<p><em>This is a project of <a href="http://www.themediaconsortium.org/" rel="nofollow">The Media Consortium</a>, a network of 50 leading independent media outlets, and created by <a href="http://www.newsladder.net/" rel="nofollow">NewsLadder</a>.</em> </p>
</p></div></div></div>Wed, 25 Mar 2009 17:49:48 +0000The Media Consortium Blog64780 at https://rabble.ca